5 questions for John Brennan's confirmation hearing

John Brennan’s confirmation hearing Thursday is shaping up more as a wide-ranging public examination of President Barack Obama’s policies in the war on terror than an inquiry into whether he picked the right person to lead the Central Intelligence Agency in his second term.

The nomination of Brennan, who has served since 2009 as Obama’s key White House adviser on counterterrorism, has brought forth a flood of questions from Congress about the use of armed drones to kill Americans overseas, leaks Republicans think were politically motivated, and whether the CIA is encroaching on the military’s turf.

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Video: Obama praises Brennan in nomination

POLITICO LIVE: Previewing Brennan’s hearing

On the eve of the hearing, the administration moved Wednesday to defuse one key point of tension with Congress by agreeing to fork over classified Justice Department legal advice authorizing the use of drones or other lethal force against Americans involved in terrorist groups. Lawmakers had been demanding access to the documents for up to two years and some were hinting at holding up Brennan’s confirmation unless the White House allowed lawmakers to see the formal legal opinions that OK killing U.S. citizens serving as senior operational leaders of Al Qaeda and affiliated groups.

Here’s POLITICO’s look at key questions Brennan is likely to face:

1. How does he answer the “torture” concerns?

This issue sank Brennan’s chances of heading up CIA four years ago, when Obama considered naming him but backed away after an outcry from liberal activists seeking a clean break with the war-on-terror tactics used by the Bush administration. Brennan was a top official at the CIA when the go-ahead was given for the use of so-called enhanced interrogation techniques, including waterboarding.

Obama appears to have decided that concern about the torture issue has simmered down to the point that it won’t be a major roadblock to getting Brennan to the director’s office at the CIA.

The Senate Intelligence Committee has prepared a lengthy report on the tough interrogation tactics, which reportedly concludes they were ineffective.

Sen. Mark Udall (D-Colo.) wanted to question Brennan about the report during a recent meeting with him. Udall issued a statement later saying he was “deeply disappointed” the nominee hadn’t read the report and wasn’t familiar with its findings.

“I was aware of the program but did not play a role in its creation, execution or oversight,” Brennan wrote in a questionnaire released Wednesday. “I had significant concerns and personal objections to many elements of the EIT program while it was underway. I voiced those objections privately with colleagues at the Agency. When I left the Agency, I spoke publicly about those concerns.”

Brennan has promised he’ll be ready to discuss the interrogation issue and the report in greater depth on Thursday.